Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 28.65

Conduct of inquiry

             (1)  A party may apply to the Court, before or after an inquiry has started:

                     (a)  for directions about:

                              (i)  how the inquiry should be conducted; or

                             (ii)  any matter arising in the inquiry; or

                     (b)  to authorise the referee to take evidence for the purpose of a subpoena issued under Division 24.2.

             (2)  A referee must conduct an inquiry in accordance with any directions made by the Court.

             (3)  However, if the Court has not made any directions about how the inquiry should be conducted, the referee may conduct the inquiry in any way the referee thinks fit.

             (4)  A referee is not bound in the inquiry by the rules of evidence but may be informed in any way that the referee thinks fit.

             (5)  Evidence before a referee in an inquiry:

                     (a)  may be given orally or in writing; and

                     (b)  must, if the Court requires, be given:

                              (i)  on oath or by affirmation; or

                             (ii)  by affidavit.

             (6)  A referee may administer an oath or affirmation to a witness giving evidence in an inquiry.

             (7)  Each party to an inquiry must, before the time fixed by the referee conducting the inquiry, give a brief statement of the findings of fact and law contended by the party to:

                     (a)  the referee; and

                     (b)  any other party to the inquiry.

             (8)  A party to an inquiry must:

                     (a)  do all things required of the party by the referee to enable the referee to form an opinion about the matter; and

                     (b)  not wilfully do, or cause to be done, any act to delay or prevent the referee forming an opinion.



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